1. A schedule of colours, materials and finishes generally in accordance with the recommendations contained in the urban design evidence dated (Message Consultants 2013).
2. Privacy screening to the balconies of Apartments 2.5, 2.6 and 2.7.

1. A notation that At least 25 per cent of the mechanical car parking spaces can accommodate a vehicle clearance height of at least 1.8 metres.

1. Fencing to courtyards within the front setback to Butler Street to be no more than 1.8m in height, be 25% transparent and to incorporate more domestic materials and finishes such as brick pillars.

1. The layout of the site and the size, levels, design and location of buildings and works on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

Construction of the carriageway easement vehicle accessway

1. Before the development is occupied, the laneway and carriageway easement vehicle accessway must be constructed in accordance with the endorsed plans, to the satisfaction of the Responsible Authority.

1. The constructed laneway and carriageway easement must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

1. Prior to the endorsement of the plans referred to in Condition 1 of this permit or the commencement of any works on the site whatsoever, a Tree Management Plan prepared by a suitably qualified and experienced arborist must be submitted to and endorsed by the Responsible Authority. Three (3) copies of the tree management plan must be provided. When the tree management plan is endorsed it will then form part of the permit. The tree management plan must specify actions for the management and maintenance of the two trees in the front setback, as identified as tree 1. Eucalyptus baxteri (Brown Stringy Bark) and tree 2. Eucalyptus sideroxylon (Iron Bark).

The Tree management Plan must comment and make recommendations on the following matters to the satisfaction of the Responsible Authority to ensure that both trees remain healthy and viable on site:

(a) The procedures (in accordance with AS4970) to be employed for any buildings and works (including excavation) within the two trees' TPZ measurement. The construction method will need to be specified by the arborist in conjunction with engineering specifications.

(b) Details of proposed tree protection measures during the construction period.

(c) A site excavation to determine the extent of root mass present inside the two trees TPZ measurement if encroachment is required.

(d) Reporting on the presence of any exposed roots over 50 mm diameter and management of these roots e.g. how they are to be pruned, fertilisation, watering regime etc.

(e) When supervision by an arborist will be required on-site and time frames specified for supervision.

(f) That Council's Arborist (Statutory Planning) must be given prior written notification (minimum 48 hours notice) of any significant intrusion into the Tree Protection Zone to enable supervision of the works.

(g) Any remedial pruning works that are required to be performed on the tree before, during and post development of the site and the amount of canopy that will be lost as a result of construction. The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying the extent of pruning that will occur.

(h) The location of vehicle and pedestrian access to the site during construction, which specifies all buildings and works within the TPZ referred to in point a). This should include any recommendations for staging or timing of access to the site throughout the construction phase.

(i) A plan showing the location of scaffolding and any pruning required in order for scaffolding to be erected.

1. The recommendations contained in the approved Tree Management Plan must be implemented to the satisfaction of the Responsible Authority.

Contractors to be advised of trees to be retained

1. The owner and occupier of the site must ensure that, prior to the commencement of buildings and works, all contractors and tradespersons operating on the site are advised of the status of trees to be retained as detailed in the endorsed arborist report and are advised of any obligations in relation to the protection of those trees.

1. Prior to the commencement of the development, a landscape plan must be submitted to and endorsed by the Responsible Authority. The plan must be generally in accordance with the Plan prepared by John Patrick January 2013 described as "Landscape Plan for VCAT". The plan must be drawn to scale with dimensions and three (3) copies provided. When endorsed, the plan will form part of the permit.

(a) A survey (including botanical names) of all existing trees to be retained and of those to be removed. The intended status of the trees shown on the landscape plan must be consistent with that depicted on the development layout plan;

(b) Details of the surface finish of all pathways, paved areas and accessways;

(c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity and the quantities of each plant;

(d) Plan notations indicating that the Eucalyptus baxteri (Brown Stringy Bark) and Eucalyptus sideroxylon (Iron Bark) within the Butler Street setback are trees to be retained;

(e) Planting required by any other condition of this permit; and

(f) Landscaping and planting within all open areas of the site.

1. Landscaping as shown on the endorsed landscape plan/s must be carried out and completed to the satisfaction of the Responsible Authority prior to the occupation of the development.

1. All landscaping works shown on the endorsed landscape plan/s must be maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.

Regulation of activities in Tree Protection Zone

1. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone except as allowed for in the endorsed Tree Management Plan without the prior written consent of the Responsible Authority_._ No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

1. Prior to the commencement of construction of the building hereby approved:

1. A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or
2. An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for a sensitive use.

1. Notwithstanding the provisions of Condition 11, the following works can be carried out before a Statement of Environmental Audit or a Certificate of Environmental Audit is provided to the Responsible Authority under Condition 11:

1. buildings and works that necessarily form part of the Environmental Audit process; and
2. buildings and works that the Environmental Auditor engaged by the owners advises must be carried out before a Statement or Certificate of Environmental Audit can be issued.

These works must be carried out in accordance with the works plan approved by the Environmental auditor engaged by the owner. A copy of the works plan must be provided to the responsible authority before the commencement of the buildings and works for the purposes of this condition.

1. The development and use allowed by this permit must comply with the directions and conditions of any statement of environmental audit issued for the land.

1. Prior to the occupation of the dwellings, a letter must be submitted to the Responsible Authority by an Environmental Auditor accredited with the EPA, to advise that all construction and remediation works necessary and required by an environmental audit or statement have been carried out.

1. Before the occupation of the dwellings, car stackers must be installed in accordance with the endorsed plans.

1. The car stackers must be routinely serviced and maintained to the satisfaction of the Responsible Authority to ensure satisfactory access to all car spaces and to prevent any adverse effect on adjoining land by the emission of noise.

1. Prior to the commencement of the development, a Waste Management Plan must be submitted to the Responsible Authority for approval. Such Plan must provide details of a regular garbage and recyclables collection service, including information regarding the type of refuse bin/s, type/size of trucks, means of accessing bins and frequency of refuse collection, to the satisfaction of the Responsible Authority. No waste collection can occur on the frontage of the site to Butler Street. Once approved, such Plan must be implemented and complied with at all times to the satisfaction of the Responsible Authority.

1. Collection of waste must be conducted so as not to cause any disturbance to nearby residential properties and may only occur between the hours of 7:00am to 7:00pm Monday to Friday to the satisfaction of the Responsible Authority.

1. Before a building permit is issued, an Environmentally Sustainable Design Report which is to the satisfaction of the Responsible Authority must be prepared by a suitably qualified expert and submitted to the Responsible Authority. The report must address the ESD principles proposed for the site including but not limited to, energy efficiency, water, waste and building materials. Once approved, the report will be endorsed to form part of the permit.

Construction and use of car parking spaces and accessways

1. The areas set aside for parking of vehicles, together with the associated access lanes as delineated on the endorsed plans must:

(a) Be provided and completed to the satisfaction of the Responsible Authority prior to the commencement of the use hereby permitted;

(b) Thereafter maintained to the satisfaction of the Responsible Authority;

(c) Be made available for such use at all times and not used for any other purpose;

(d) Be properly formed to such levels that it can be used in accordance with the endorsed plans; and

(e) Be drained and sealed with an all weather seal coat.

1. All new vehicular crossings must be constructed in accordance with Council's standard vehicular crossing specification.

1. All signs, mirrors and line marking must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

1. All pipes (except down-pipes) fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.

1. Provision must be made of the site for letter boxes and receptacles for papers to the satisfaction of the Responsible Authority.

1. Prior to the commencement of the development, the applicant must submit a Construction Management Plan to the Responsible Authority for approval. No works (including excavation for the basement) are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide detail of the following:

(a) Hours for construction activity in accordance with any other condition of this permit;

(b) Measures to control noise, dust, water and sediment laden runoff;

(c) The location and design of a vehicle washdown bay for construction vehicles on the site;

(d) The location of parking areas for construction and sub-contractors' vehicles on the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises and traffic flows;

(e) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan and Tree Management Plan;

(f) Contact details of key construction site staff;

(g) The location of any site sheds and the like;

(h) Hotline telephone contact details for the Construction Manager;

(i) Measures to minimise road closures;

(j) Advance written notice to be given of road closures or impediment to vehicular access to nearby properties; and

(k) Any gantries erected over that part o the land included in the Business 2 Zone to be less than 4m in height.

1. All works including earthworks and construction activity associated with the approved development is to be limited to the following hours, unless with the prior written consent of the Responsible Authority:

1. Prior to the commencement of the development, the owner must obtain the consents of all relevant authorities for any buildings or works, including any paving, fences and landscaping, over any easement or underground services under the control of a public authority including sewers, drains, pipes, wires or cables, to the satisfaction of the Responsible Authority and relevant authority.

1. The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

(a) The development does not start within two (2) years from the date of this Permit; or

(b) The development is not completed within four (4) years of the date of this Permit.

The Responsible Authority may extend the time referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

[1] 1996/38819 K & B Reichert v Banyule CC

[2] Projects Pty Ltd v Boroondara CC & Ors [2011] VCAT 1571)